494 HUDSON, LLC., petap v. JAMES HART, JOHN DOE AND JANE DOE, res-res
12-150. 494 HUDSON, LLC., petap v. JAMES HART, JOHN DOE AND JANE DOE, res-res — Order (David K. Kaplan, J.), entered April 15, 2011, modified to deny tenant's application for attorneys' fees; as modified, order affirmed, without costs.
This holdover summary proceeding, based upon tenant's refusal to execute a renewal lease (Rent Stabilization Code [9 NYCRR] §2524.3 [f]), was properly dismissed, it being undisputed that the renewal lease offered by landlord was not "on the same terms and conditions as the expiring lease" (Rent Stabilization Code [9 NYCRR] §2523.5 [a]). However, we modify to deny tenant's motion for attorneys' fees. Notwithstanding tenant's status as prevailing party, the imposition of attorneys fees would be unfair under the particular circumstances of this case (see Solow Mgt. Corp. v. Lowe, 1 AD3d 135 ), where landlord made good faith, though unsuccessful efforts to remedy the defective renewal offer and the parties' impasse over the renewal terms appears to have been attributable, at least in part, to tenant's obstinacy.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.